HomeMy WebLinkAboutLand Developments_7-11 Speedee Mart/C.W. Davidson - 05.08.19687-11 Speedee Mart/C.W. Davidson
A r, REEMENT
This A:,REE E T made and entered into this 5th day of
_AUg= , 1968, by and between the CITY OF CUPERTINO,
a municipal corporation of the State of California, hereinafter
des -IS' _aced as CITY, and CHARLES W. DAVIDSON
,hereinafter designated as Developer.
WITNESSETH
W1111"11I ti;;, the developer is requesting approval for the change
of i�r:e of land wit})in };he CITY, and is securing a building permit
from CIT;' to construct and maintain a 7-11 SPEEDEE MART
GPOCERY S,1- 'E here.Anafter referred to as
ft:�.r�=i:, �:I�., }serer. ;_npro✓e i tl;e improvement pJans and speci-
11j .l,:l."i"F'd for the Project_ by
sry ;: tnke Civil ET'lginecr.
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pop.; of improvement .;per -," fl 'ations are on
}�K, off'Jce of/ Cit.4r Fnf�ineer Cjapertino. The same are
_herein 1,y Z4 ie2"F'ncP_' the S3fIr %2s t17C?Ugh set cut; In
f11I r . JAiej improvemen' mans and Cpe-ifi_oat;ir-)n a shall be herein-
afl,er c L1lyd "the Fig._:: and the work, to be done unde-r the Plans
roc ,a:.-ied "l.he Work-, and
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Whereas, pursuant, to the provisions of this kgreement, the
City hereby establislie�s the amounts of Bond, Fees and Lienooit as
set forth in the following schedule.
SCHEDULE OF BOND, FEES, AND DEPOSITS
I C' rt A. Faithful Performance Bond: $ 1,290.00
013E THOUSAND TWO H'i7NDRED NINETY DOLLARS
Part, 13. Labor and Material Bond: $ 1,290.00
ONE THOUSAND TWO HU.NDRED NINE`l"? DOLLARS
';-rt C. Ci'Ieckini; and Inopection Fee: $ + .0)
"; IITY DOLLARS
"nd I re,;i ('1ty Expenses,: ` 10.00
:`iri: K. Developriient, Maintenance Deposlttt 110.00
TM-,'�DRED '7PETDOLLAR--
i't 'torn-i Drain: r-r'e Fee $ 30-`.00
"rRF ,HUNDRED EI � T iT DOL•L,", RS
r
t' r 1
One Year rovier Cost {h,
Tree Pees
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c.
o
NOW, THEREFORE,, IT IS fMREBY MU°T'UALUY AGREED by and between
the parties hereto as follows, to wit:
1. ROADWAY DEDICATION
It is agreed Lhat in consideration of the approval of said
change in the use of land, the developers agrees to convey by deed or
cause tr he conveyed by deed to City for roadway purposes, free and
clear c - .y and all encumbrances all lands necessary for those
purposes ,determined by the City Engineer, and the developer
agrees to have executed said deed and have executed the release
of any and all encumbrances against land when so requested by City.
2. INSTt1LI-ATION OF WORK
It is further agreed that:
(a) Trie Developer shall. install and complete the Work
,rl_i tlr .n one (1) ,;car front the date of execution of this agreement,
)r ,a�.a li lon.,,,er period a., may be pecl_fically authorized in writing
ire (':it;, Engineer. In the event the Deve-L er fails or refuses to
t le Work within the specified period of time, the City, at
„o !_e optl on, all be, author) zed to complete the Work in what-
vrr manner the City ohal'l decide. In the event the City completes
_ W_)rk, the, City may rc.,cover any and all costs incurred thereby
t'rom 1.1he Deve ; ,-)ner or. the Devel ope'r' s, surety ^r both.
! � The Devel_oper shall. install and complete the- Work in a
-ood and workrianlike mm,,,nner in accordance with the plans as approved
1 ;y (`:L1.y Engineer Df Cud; rtino. The Worm: shall be made unler the
Me
n,,} i c?:: and w:i t h the approval. of/City Engineer. The Work shall
dont c in accordance with existing ordinance and rtesolutions of
he (
'11,y of Cupertino, and to all plans, specifications, standards,
lines and grades approved by the City Engineer. The Work
:;ball be done in accordance with all State and County Statutes
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0
applicable thereto., The decision of the City Engineer shall be
final as to whether any material or workmanship meets the standards,
specification plans, sizes, lines and grades as set forth.
(c ) It is .further agreed that the Vork shall be done in accordance
,with the Standard Specifications of the Department of Public Works,
Division of HJghways,State of California, dated July, 1964, and in
accordance with the specif.cations of the Cupertino Sanitary District
where applicable.
Wherever the words "State" or "Division of Highways" are mentioned
in ti,e State Specifications, it shall be considered as referring to
!,he City of Cupertino; also, wherever the "Director" or Director of
s):�blic Works" is mentioned, it shall be considered as referring to the
C:if,y Engineer.
In case of conflict between the State Specifications and the
} eci f -I cations of the City of Cupertino and/or the Cupertino ani-
:ir;yj District, the specifIcations of the City of Cupertino and/or.
;;e Cupertino ' a.nitary District shall take precedence over and be
z, od in 7_i.eu of such conflict.inj; portions.
3 FYCAVATIOIJi FER14IT
It j.:a further her agreed that the Develope,-- shall comply with
t_iori Tree of Ordinance No. 130 of City of Cupertino by obtaining
permit from the City Engineer before the commencement of
Lll," excavation in, on, or under the surface of any existing public
s_idewal.k, or other public place. It is further
aL.,recd ihat. t}ie developer shall notify the City Engineer of the exact
(i11 (_ GUA, tiTW� w%,en the proposed excavation is to commence.
1t QUIT CLA ITS DIED
It I.,; further agreed that Developer when requested by the City,
quitclaim all his rights and interests, in, and slu-11 grant to City
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authorization to extract water from the underground strata lying
beneath said Project and Developer agrees to execute a "Quitclaim
Deed and Authorization" in favor of Clty, when presented to him for
signature.
5. BONDS
It is further agreed that prior to the execution of `.his
Agreement, the Developer shall execute and deliver to the City
Fngineer a faithful performance bond running to tae City, As orbligee,
and a labor and material bond running to the City and to all con-
tractors, sub -contractors, laborers, ma -erial men and other persons
referred 'to in chapter 2, Title 4, Past 3 of the Code of Civil
Procedure of the State of California, as obligees, Said performance
and labor and materials bondo shall each be in the amount as established
i.n ttie schedu] e of Dond.s, Fuss, and Deposit as set forth herein at page
( Pt rt,s A ?,, P) and shall conform witri the provisions of. Resolution
>I-3i. of the Cif v Council of the City of Cupertino. Said bonds ohall
i.e In a Form acceptable to the City Engineer and shall. be approved
PrJor to or concurrent. with the executic';z of this Agreement
City.
(), {,HFI,KTN( AND FEE
It ic: t' lrther- acYreed that Developer shall pay any and all,
(Ure(-. t; expense,,, for inspection, clic.c1cing, etc., incurred
,, Ciity in conriection with said Project arici that Developer shall
depo3ited with City, prior to execution of this Agreement, the
arnaurrt.. a,, set f.'orth Herein at; parse 2 (Part C) . Should construction
,-ost vary materially from the estirnate from ��.hich said sum is cal-
culated, the City Engineer shall notify Developer of any additional
ourn due and owing, as a result; thereof.
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7. INDIRECT EXPENSES
It is further agreed that D.evel,per shall pay to City, prior to
execution of this Agreement, indirect expenses allocable to process-
'(-ng this improvement, the amount as set forth herein at page 2 ( Part D).
8. DEVELOPMENT MAINTENANCE DE"OSIT
It is further agree, `hat t:he Developer shall pay to the City,
prior to execution of this Agreement, *.he amount set forth herein at
Page 2 (Part E) as a development mw:Lntenance deposit to insure proper
dust control and cleaning during construction period. Unused balance
wi-! 1 be returned after acceptance of improvements by City.
9. STORM Di'=A PJA(7,E FEE
7t 13 further agreed that the Developer shall pay to the City,
prj o.r, t.o execution of this Agreement, a .,t,orc.-, drainaf-., charge in con -
sect -ion
wit):
7ai.d
Project
in accordance
with the requirements estab-
]',hed 1
,4 ;'er;t,jor:
1 :5 of
Ordinance 117 (Revised
12/4j6i) of City in
a.- Pori rl herein at; ,Pa e 2 Part F) .
Et, :i:, f-zrt her, a;;reed that the .Developer sl,;all pay to City prior
(Ixor itivn t i' this Agreement, the amount as set. forth herein at
),Le,e P (Part ';), which amount represents the power cost for street
I j�hf.::� f.'or one ;year.
ry-6-
11 o MAII:IvTFNANCE OF THE WORK
It flarther agreed that the. Developer shall maintain the
Work, until all deficiencies in the Wcrk are corrected to con-
form to t:.he Plans and the City standards and specifications for
the Work. The Developer shall.. upon written notice thereof,
Immediately repair or replace, without cost or obligation to the
City of Cupertino, and to the entire satisfaction of said City,
all defects and imperfections arising out of or due to faulty
dorkmanship and/or materials appearing in said Work,
12 . SANITARY DIaTRICT
It, is .;'ur. the.r agreed that the Developer shall file with $'ity,
upon execution of this Agreement, a letter from the Cupertino
"' i;i` .r,•- M.,3f.rict otating that :;he Developer has entered into a
Arrreeme:nt with the said District to Inotall. sanitary
to aorve all lots within ,aid Project and stating that
t_-or;d i,r; , n•-;zre f':zI.l arid. faithful performance of the construc-
llon-, of 'Joe, ;aid san'tart, .,ewe r.�. and to inspire maintenance of said
in ronform-tr- �- ,:1t:h the provioi.ons as set forth in
t7'ir,��'r'lt=it 1'40. 1.1 above ha,; f'i led.
i ;. 1<11 F'i 1'[ :-,;} A ND F'R'tl ;«:;ZCT•l rnnf-,
I'. ;-, furl=r;er t ai. teveloper shall file with City, upon
of Il!t.3 AL,reement., evidence that all provi-
rac}ns of lontlon 11t03, Article A, chapter 2 of the Business ;-�.nd
Code. pertaininf, to special assessments or- bonds, have
..•eeit compl -led with.
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l tt , CEMMA i. FT RE DISTRICT
It is further agreed that the Developer shall file with the
City, umn execution of this Agreement, a letter from the Central
Fire Protection District of Santa Clara Cei nty, stating that the
Developer has entered into an kgreement with said District to
Install fire hyddrants to serve said Project and stating that
all necessary fees have been deposited with said District to
I sure installation and five (5) year rental fee of said hydrants.
l 3 , STREET LIGHTING
it is further agreed that the Developer shall apply for the
j n tallation of electric power for street lighting at the earls-
e,:}t date pos i ble.
i''. F. r. �c E.
it i.) further af,reed that the Developer shall pay to Pacific
;'L", trid E i ectri c Company any ar.-1 .i i l f'ee , regizi red for installa-
l u;, of overhead and/or underi,ro,azrd, w i rl iii o i rcul t to all e lec= --
i 1'ollers within :,�; ld vVien Devploper Is notified by
s 1 her i he Gi t,y }�.r�� , ,, °.r or i he t aci f':t (- �ra,:� and Electric Company,
1 sett; t'Od feer, are diie and ra able .
111'M lt.T(;ItT OF WA-Y
Tt i-,:, further agreed that any easement, and riixht of way
.„;pry for cor;pleLion of the probe t s}iil.l be acquired by the
ar i }l�cr at, Id-, own r�,;t and expense. Tt 's provided, however,
1, In t:iie e-el t eminent domain proceedings are required by the
1,'r 1•o.r the pur-oose of securing; said easement and-r,fght of way,
4 i-,ii, the Developex, i.3h-ill. deposit with City a sum covering the
r t-.unt f_ le rm- rket value of the land proposed to be taken and to
,. 1;1c' i...rded it said sum shall be a reasonable allowance for
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,.,avers f�, � severance damages, es Lf . it is further p ile that in
any
addition thereto, such sums as may be required for legal
fees ;and costs, engineering, and other 4neidenta.l costs in
such reasonable amounts as the City may require shall be
deposited wi.11 City.
18. HOLD HARMLESS
it is further :agreed that, -:omnrencing with the performance
of the work by the Developer or his contractor and continuing
until. ',he completion of the maintenance of the WoPk as pro-
vided in paragraph 11 above, the Developer shall indemnify,
hold harmle:_,s and defend the City from and against any or al?
coat, expense, damage or liability, or claim thereof,
occasioned by or in any way whatsoever arising out of the
pry ,^fon-.ianee or nonperformance of the Work or the negligence or
mil —conduct, of the Developer or the Developer's agents,
.'i,nd independent contractors.
t,PA TICE
It; J:; further agreed that: The :developer shall take out, or
ally contractor (:-n ,av d ",) perform the Work to take
:Lrld -vi i_rit,a ln. t. ,',I t irnn,; during'; the performance and mai niten-
:t r: )f W yrk c->._7_lc:d for or required to be done hereunder, a
t i o narri.9nrr th,r City and members of the City Council
i,hr Cit;oi' Cupertino, individually and collectively, and the
;'Cis F zrri r�i.r;, 'and employee.,, of the City indivi6ually and
a,: _ n.,tureds. ")aid separate policy shalt provide
,•,,r.r-,; to the fore oinf; named City and individuals covering
thy; ;,- )rk per. for,:rc d by, for, or on behalf of said L)eveloper,and
— vorinfr the omt.s. ions and supervisory acts of the officers and
of the (Aty with respect to the Work, Both bodily in -
,Jury and property damage insurance must be on an occurrence
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basis; and ..paid ppolicy or policies shall provide that the
coverage afforded thereby =hall be primary coverage to the full
limit of liability stated in the declarations, and If the City,
its members of the City Council, individually and collective-
ly, and the officers, agents, and employees of the City, individ-
ually and collectively,haVe other insurance against the loss
covered by said policy or policies, that other insurance shall
be exce-, s insurance only.
(a) rich of said policies of insurance shall provide coverage
in the fo:_lowi.ng minimum amounts: for bodily injury, $1001,000
each person; $300,OOC each occurrence; property damage, :) 000
on account of any one occurrence with an aggregate limit of not
less than, $200, 000.
c)
The
Developer shall.
f1 le
with the City
Engineer at, or
prior
t,11e
irne
of execution of
this
agreement by
the Developer
such.
e —1,"Jenc,, �,F :><3._i.a`' 1". re roinr, policy or pol.l.cies of insurance as
,`i,a 1 _l. be �.` i .af':.�* t: _�T' t , ,a1rf CI ty Enr;l neer. Each such policy
,%r= po lr: <<; is i i >.tr an endor,,ement prerA.uding the cancella-
t, ton or a, 1 (,n Ya :overa ,e wi tho,it ,rivJ.ng the City Engineer
thereof.
(d) _n '.,;n even', ',.'•,e project; covered herein should be
, n or affect the area of jurisdl. Rion of a
, i . (jr political subdivision of the State
policies3 of insurance required herein and
ul")vF; 5i_a l L co-na.ine nuoh- muni clpall, ty or political subdivision
:.i.,1 Lhe rrov�ts ton set forth herein and above for the protection
of' !,he ri t_ y of f;uper"Ano -ha].l equally apply to muniel pality and
Jac it_lca, subdivl,aion
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t
f
r
Ask
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IN WITNESS WHEREOF, said City t-Las caused its name to be here-
unto affixed by its Mayor and City 'Cleric, thereunto duly authorited
,
by resolution of the City Council and said Developer has hereunto
caused his name to be affixed the day and year first above written.
APPROVED AS TO FOF'J4:
City A t Forney
41, -
Developer. CFUtRLES W. DAV_=Z,',11
I
I
FESnLUTTON NO. 1673
A RESOI-UTION OF THE CITY COUNCIL OF THE CITY 0:
CUPERTINO APPR6VIN!-%' FINAL PLAN TOP THE IMPROVEMEN1
OF STRF"T FRONTAGE AT THE 7/li SPEEDEE ',-,ART GN
HOMES12VI-D ROAD ATPROXI,ATELY 3010' SO!"FF, OF NCIPANDA
DRIVE, AUTHORIZIN--, THE CITY EN(-'NFER T-n sj:-" 'THE
FINAL PLAN. AND A!.THOFTZIN:= THE EXECUTION (Ar- AGREE-
f!ENT 1N CONNECTION THEREWITH
tMEREAS, there has been uresenzed to the City Cc-uncil '-ia-
ap-rnval of h e 4 nal plan for the im:,,rovement of the street
f-.(,ntaq,e at the 7/11 SPEEDEE '.'ART ON P,�,''ESTFAL ?()Ai), aT)prox--;-ate1v
30-0' south of NorandDrive, by Charles W. Davidson and
1,.'FE:t-IAS. there, hLs 'Dzen presented LO the Council a.
ntrc:ets, curbs.
side,,:al3,s, and for oth�r. i - nr-( -ments . and good an,, suf f iric:'nt
bond: (,aving bee- pres,--nred fGr the f-ithful p(-LL'ormance �aL,l
wcrk :7'rid the r-a,,rr:,in,? l Li'- of said and saic: ?la-:,
n ,� o i) r o v c- d t i iL,/ Attornc--
menL, and bonds havir.,,! he
-;Cb', THEPEFORE. ?E 1*1 YESOLVED '_hat ,ald Final r the
-men!- of stnw:et tr--1t,4ge at thi- 7/11 "art tn
srea,-' Riad '_1
south of '4r3rgnda 1)rjve. c ;i-
,= is herbY, apprflv-- o.,d and the Cit-.E n g --- r, e e r is r c-1-
auth,,,rizGd t(? sign 6,-id fina.L plan and the Il.--vor and
a-f, he-ret-,y -ii,thc-riz�---d tu execu"-e the agreer.ent: her( -in
to in bk_half z;-,F rite (,jt-Y of Cupertino,
7JASS`,) AND e-L the regular -meetin-, .)-' the 'l-It-!
i
f LIN, City Of Cuper-'-in-, tlir.ls day of
i968
the foilowins
A' E -,' C, ", T! in c-,,-1 n i e n , Beaven, Dempster, Fitzgerald, Noel
1;0E . -S* Hone
ABSENT- Councilmen: None
ABSTAUM: Councilmm: Stokes A Pppu�"ED I
ATTEST .
/S/ Wm. E. yder _kjd
City C
/s/ Clyde L� Noel
Mayor, City of Cupertino